FILSCAP’S APPEAL TO CEBU MUSIC USERS

Posted on Nov 4, 2011 in Announcements | 89 comments

The Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) wishes to announce that it will commence its licensing operations in Metro Cebu in January 2012.

As a background, FILSCAP is a non-stock non-profit association of composers, lyricists and music publishers established in 1965 to collectively manage and license the “public performance right” (i.e., the right to authorize the playing of their copyrighted songs to the public).

The Intellectual Property Code of the Philippines or R.A. 8293 requires authorization for the public performance of musical works from the copyright owner (Section 177.6)

Since it is very difficult and expensive for copyright owners to monitor and license every public performance of their works worldwide, performance rights societies (such as FILSCAP) operating as collective management organizations (CMOs) were formed to facilitate licensing and lower the cost of the license.  With the creation of CMOs, music users no longer need to deal with several copyright owners.

FILSCAP collects for both local and foreign songs played in the Philippines and distributes these royalties to members here and abroad through international affiliate societies.  In the same manner, these Reciprocal Agreements mean FILSCAP also receives performance royalties from foreign societies for the use of Filipino songs abroad.

In the Philippines, it is FILSCAP which licenses the public performance of the copyrighted works of its members and members of over 40 affiliate societies abroad (including those in the US, UK, Mexico, Korea, China, Italy, France, Spain, Germany, India,  Japan, Malaysia, Macau, Vietnam, etc.)

FILSCAP’s authority to license and collect license fees for the public performance of copyrighted works has already been recognized by the Supreme Court, Intellectual Property Office of the Philippines, business organizations (such as KBP and the Philippines Retailers Association) and major companies which use music in their establishments.

FILSCAP licensees currently include TV Stations (e.g., ABS-CBN, GMA and ABC5), radio stations (e.g, RGMA and Cebu Broadcasting Company), malls (e.g, Ayala and SM Malls), retail stores (e.g., Penshoppe, Bench, Rustans and 7 Eleven), hotels (e.g., Shangrila Hotels, Marriott Hotel, Sofitel, Hyatt Hotels), motels (e.g., Victoria Court), fast food chains (e.g., McDonalds, Pizza Hut, Shakey’s, and Dencio’s), bars (e.g., Hard Rock Café and Klownz Comedy Bar), KTVs (e.g., Red Box, Pegasus and Classmate), salons, (e.g., David’s Salo and Belo Medical), coffee shops (e.g., Starbucks, Bo’s Coffee and Seattle’s Best), cinemas, (e.g. SM Cinemas and Shangri-la Cinemas), amusement parks (e.g., Enchanted Kingdom, Manila Ocean Park and Star City), event venues (e.g., Music Museum and CCP), casinos (e.g., Resorts World and Thunderbird Resort) and concert producers (e.g., Ovation Productions, Steve O’neal and Viva Concerts).

FILSCAP would like to appeal to music users, particularly the business owners, to recognize that playing copyrighted music to the public is tantamount to “using another’s (intellectual) property”.  In the same way that we compensate others for using their property in our business, music copyright owners should also be compensated for the exploitation of this powerful tool.